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A Gilded Cage Is Still A Cage

Lady Hale: ““In my view, it is axiomatic that people with disabilities, both mental and physical, have the same human rights as the rest of the human race. It may be that those rights have sometimes to be limited or restricted because of their disabilities, but the starting point should be the same as that for everyone else. This flows inexorably from the universal character of human rights, founded on the inherent dignity of all human beings, and is confirmed in the United Nations Convention on the Rights of Persons with Disabilities. Far from disability entitling the state to deny such people human rights: rather it places upon the state (and upon others) the duty to make reasonable accommodation to cater for the special needs of those with disabilities.”

The long-awaited judgment in “Cheshire West” case was made public yesterday. It is being seen as a somewhat radical decision in the extension of protection to vulnerable people and it all concerns the phrase “deprivation of liberty” for the purposes of the Mental Capacity Act 2005.

So anticipated was this verdict that mental health professionals were tuning in to live internet streams of the UK Supreme Court at 9:15am to watch it live and then there was frantic activity on social media as people attempted to secure the hyperlinks to the ruling itself and some associated commentary.

I can’t recall a case over the last few years, where the verdict was so keenly awaited. Watching social media reminded me of how literally excited I became waiting for the MS v UK verdict in 2012. I couldn’t get my hands on it quick enough and was barely able to take it…